§11-14C-20. Remittance of tax to supplier or permissive supplier.
(a) Each licensed distributor and licensed importer shall
remit to the supplier or permissive supplier, as applicable, of the
motor fuel the tax levied by section five of this article and due
on motor fuel removed at a terminal rack: Provided, That at the
election of a licensed distributor or licensed importer, the
supplier or permissive supplier shall not require the licensed
distributor or licensed importer to pay tax levied by section five
of this article until two days before the date the supplier or
permissive supplier is required to pay the tax to this state:
Provided, however, That an election under this subsection is
subject to the condition that remittances by the licensed
distributor or licensed importer of all tax due to the supplier or
permissive supplier shall be paid by electronic funds transfer two
days before the date of the remittance by the supplier or
permissive supplier to the commissioner. An election under this
subsection may be terminated by the supplier or permissive supplier
if the licensed distributor or licensed importer does not make
timely payments to the supplier or permissive supplier as required
by this subsection.

(b) A licensed exporter shall remit tax due on motor fuel
removed at a terminal rack to the supplier of the motor fuel. The
date by which an exporter shall remit tax is governed by the law of
the destination state of the exported motor fuel: Provided, That
if the laws of the destination state prohibit the collection of the destination state's tax, the supplier may elect to either collect
the tax levied by section five of this article or, in lieu thereof,
take from the exporter documentation sufficient to establish: (i)
That the motor fuel was immediately exported to another state and
the name of that state; (ii) that the entire amount of motor fuel
exported was reported to the destination state and the tax imposed
on the motor fuel by the destination state was paid by the
exporter; (iii) the name and address of the person to which the
motor fuel was sold and the quantity of motor fuel sold to that
person; and (iv) that the exporter shall pay the tax levied by
section five of this article if the foregoing documentation is not
provided: Provided, however, That until such time as either the
tax imposed by this state is paid, the tax imposed by the
destination state is paid or the motor fuel is sold in a
transaction not subject to tax in the destination state, both the
supplier and the exporter shall be jointly liable for the tax
levied by section five of this article.

(c) All tax payments received by a supplier or permissive
supplier shall be held in trust by the supplier or permissive
supplier until the supplier or permissive supplier remits the tax
payment to this state or to another state and the supplier or
permissive supplier shall constitute the trustee for the tax
payments.

(d) The license of a licensed distributor, exporter or
importer who fails to pay the full amount of tax required by this article is subject to cancellation.